County Commissioners received input from Michael Hoyt and Shane Walker on how to conduct the election of new commissioners for the new districts in Bourbon County.

Michael Hoyt began the public comments portion of the meeting by asking the commissioners what they are planning to do about the resolution made by the previous commission to hold elections for the added districts on April 18, 2025.

Commissioner Brandon Whisenhunt responded by saying that after talks with the Kansas governor’s office, they were told no special election is allowed allowed to fill the two new commissioner district position.

Hoyt claimed it may be possible to hold the election in April by a commission resolution. He mentioned that Jay Hall believes that the county could.

Shane Walker, Bourbon County Chief Operating Officer, commented from the audience that that was not the case, causing Hoyt to tell him he was there to address the commission, not Walker. Hoyt then left the table and ended his comments.

Walker came to the commissioners’ table to address the issue saying, “I’ll explain it so you guys can do it right so we don’t have this problem.”

He explained that in a meeting with the governor’s chief of staff and legal counsel, he learned that a law was passed in 2023 due to Potowatomie and Douglas county’s plans to have a special election to fill their new commission district seats.

Jay Hall, Shalenberger, and attorneys met with county officials. They told county officials that if they go by the letter of the law, the election will hold up in a court case, but that holding a special election with candidates chosen by the leaders of the Republican and Democrat parties would render the election invalid and open the county up to being sued. Because there are no current commissioners for the two new districts, they are not considered vacated positions.

“We don’t need sued. We do things legal for a reason….The old law doesn’t get struck, but this [new law] supersedes it,” Walker said. “The recommendation from the highest offices at the state absolutely say that we need to do it as a standard election.”

With current election situation, the new commissioners would enter their positions in 2026 and hold office for one year, terming out at the same time as Whisenhunt. However, the commission could choose to have one of the new commissioners hold a three year term that would coincide with the two commissioners elected in 2024, Dave Beerbower and Leroy Kruger, while the other new commissioner’s term would end with Whisenhunt’s. The purpose of this law is to keep the commission from having a super-majority of four commissioners running for office every four years and only one commissioner on the opposite two years.

If commissioners are elected contrary to current state law, and the county is sued and looses the suit, all the actions taken by those commissioners would be subject to that lawsuit.

Walker agreed with Hoyt that a special election would be good, so the new offices are filled quickly, but state law does not allow for that.

The commission took no action at the meeting, but acknowledged the need to change the previous commission’s resolution for an April 18, 2025 election as well as look further into the matter before making another decision about the election.

Kruger, referring to the interruption and outburst between Hoyt and Walker, “We’re not going to go back to the old ways of the old commission…I want to do a good job of getting away from the negativity and get back on board with having these meetings done correctly.”

Talking about how to conduct a meeting according to the rules of order, Beerbower pointed out that when someone fails to follow those rules, a point of order should be called to rectify it and the chairman (Whisenhunt). Whisenhunt agreed and apologized for not keeping order. Beerbower acknowledges that this is only the commission’s fourth meeting and everyone is still learning.

Public Works Report

Eric Bailey, Public Works Director, came to the commission with a department update including monthly culvert reports.

“We have developed a safety committee at public works with a chairman, vice-chairman and secretary as well and then all of our lead people are on the Safety Committee at this time,” he said.

His department is in contact with KWorks, awaiting the return of the contact person there to continue with the committee’s work and get answers about OSHA training.

The committee has a book they are following to get some safety policies and procedures started as well as some training. The committee will meet the first Wednesday of each month at 7:30 at the public works building. However, the February meeting will be on Feb. 12,  due to a conflict with other training regarding working at the quarry, which the public works employees will be doing Feb. 5.

Bailey also told of the Southeast Kansas Regional Planning Commission creating a comprehensive safety action plan for several counties in the area, including Bourbon County. The purpose of the plan is to identifying solutions along the region’s street system to eliminate fatalities and serious injury crashes. They are holding an open house Wednesday Feb. 19 from 4-7 p.m. at Buck Run Community Center.

“I encourage everyone to swing by. There will be no presentation, it’s just kind of come in and look at what they have so far.”

He also encouraged everyone to fill out the survey on the SEKRPC website at https://sekrpc.org/ .

Bailey also said that his department will have a meeting with FEMA on Feb. 7 at 11 a.m. and he is working on getting quotes for roof replacements on Elm Creek Lake shelters.

Beerbower asked for a list of what’s needed to repair that area of the lake for the two volunteers who have contacted him to work on it.

Bailey also suggested using individuals sentenced with community service could help as well.

He said that crews are now picking up limbs felled by recent storms as well as grading gravel roads damaged after all the freezes and thaws. The ditch north of Tomahawk on 125th being repaired after the rains.

Hospital equipment disposal

Kruger, who is the commissioners’ contact for Freeman Hospital said that Freeman wants to know what the county would like to do with the equipment they have no use for. Freeman has a contact for donating it to third world nations that cannot afford to purchase new equipment.

Beerbower and Whisenhunt agreed that donating it would be a good solution. Since it’s taxpayer owned, they need to dispose of it properly. Most of it outdated or not in good working order.

Whisenhunt asked Kruger to get a list of the equipment.

County Clerk Susan Walker mentioned there is a state statute which addresses the disposal of county property, but that a memorandum of understanding to be reviewed by the county’s counsel is also in order.

The issue was tabled for now.

Commissioner comments

Kruger reminded all that the meeting with city commissioners will be at The Empress Center at 5:30 on Feb. 6, 2025. No county business will be conducted, but it is a work session.

Beerbower said Elm Creek Lake has some great potential. His only reservation is having a rock quarry out there too. He wants to study efficiency of the county owning a rock quarry.

Whisenhunt choked up a bit and said he had a request from youngest daughter due to tragedy at school last week. “She wanted me to remind everybody to stay off the frozen water.”

“Amen!” was the response of several folks present.